Showing posts with label attorney. Show all posts
Showing posts with label attorney. Show all posts

Monday, June 30, 2025

New York State Legislature End-of-Session Update

During the week of June 15, the New York State Legislature completed its regular session, having given final two-house passage to a total of 856 bills.

The New York State Conference of Mayors has prepared a comprehensive municipal law summary, which includes bills that passed both houses and have an impact on local governments, as well as an update on the final status of several other bills of interest to municipalities that did not receive final passage.

For a complete copy of the summary, click here.

Monday, May 19, 2025

Briefing on the 2025-26 Adopted State Budget

On May 8, the Governor and the State Legislature finally reached an agreement on a $254 billion spending plan for the 2025-26 fiscal year which began on April 1.

The New York Conference of Mayors (NYCOM) has published its summary of key initiatives included in the Adopted State Budget.

The document, which is regularly updated, is available on the NYCOM website.

NYCOM reports that the Adopted State Budget continues to fund the $50 million in Temporary Municipal Assistance from last year and includes a $50 million increase in CHIPS funding. In addition, the budget contains a number of provisions related to public safety and municipal government, including:

• Revised Involuntary Commitment and Assisted Outpatient Treatment
• Streamlining and Clarifing Criminal Case Discovery Requirements
• Virtual Appearances in Certain Criminal Proceedings
• Unlicensed Sale of Cannabis Enforcement
• Volunteer Fire Infrastructure and Response Equipment
• Water and Sewer Infrastructure Funding

A copy of the update, current as of May 13, 2025 appears below.

NYCOM Briefing on the 2025-26 Adopted State Budget by Steven Getman on Scribd

Monday, December 2, 2024

Schuyler County Officials Warns Seniors About Gift Card Scams During the Holidays

In an effort to inform and protect senior citizens and other consumers during the holidays, Schuyler County officials Tuesday (November 19) warned the public to be wary of gift card scams.

“As we enter the holiday season, we want to educate the public on potential scams, including those involving gift cards,” said Office for the Aging Director Tammy Waite.

According to Waite, gift card scams are a common type of fraud that targets older adults. Scammers may call, email, or text, claiming to be from a government agency, financial institution, or well-known company. They may tell the victim that they have won a prize, that their account has been compromised, or that they need to pay a fee to avoid a penalty. The scammer will then ask the target to purchase a gift card and provide the gift card number and PIN number to the scammer.

“Only scammers will tell you to buy a gift card, like a Walmart Card or Amazon Card and give them the numbers off the back of the card,” stated Schuyler County Sheriff Kevin Rumsey. “No matter what they say, that’s a scam. No legitimate business or government agency will ever tell you to buy a gift card to pay them.”

“Gift card scams are a growing threat, and we urge consumers to be cautious when purchasing and using gift cards,” Rumsey continued. “If you suspect a scam, do not hesitate to report it."

In addition, Schuyler County Attorney Steven Getman urged victims report any scam directly to the gift card company immediately.

“No matter how long ago the scam happened, report it,” Getman said. “Always keep a copy of your gift card and store receipt. Use them to report suspected fraud to the issuer. Some companies are helping stop gift card scams and may give your money back if you ask.”

Said District Attorney Joe Fazzary, “the sad reality is that thieves pray upon our senior citizen community. They do this in a multitude of ways, many of which include demanding money from the victim for something that may appear legitimate. It may also come in the form of a threat that something bad will happen if they don’t follow the scammer’s instruction. The scammer may use an email address that seems similar to one the victim knows thereby suggesting that the request for money is coming from a friend or colleague, legitimate business, or government official. Frequently, the demand or request will be for gift cards from a legitimate business, requiring the victim to purchase the card and then provide the card number to requestor. This will most likely always be a scam. Billions of dollars are stolen from senior citizens by this method every year. If anyone has a question about whether a request for gift cards or any other type of monetary payment is a scam, they should immediately contact law enforcement or the District Attorney’s Office.”

Schuyler County officials offered the following tips on how to recognize and avoid gift card scams during the holiday season:

• Gift card scams start with a call, text, email, or social media message. Scammers will say almost anything to get you to buy gift cards — like Google Play, Apple, or Amazon cards — and hand over the card number and PIN codes.
• Scammers will say it’s urgent. They will say to pay them right away or something terrible will happen. They don’t want you to have time to think about what they’re saying or talk to someone you trust.
• Scammers will tell you which gift card to buy (and where). They might say to put money on an eBay, Google Play, Target, or Apple gift card. They might send you to a specific store — such as Walmart CVS, or other chain stores. Sometimes they’ll tell you to buy cards at several stores, so cashiers won’t get suspicious. The scammer also might stay on the phone with you while you go to the store and load money onto the card. Hang up immediately.
• Scammers will ask you for the gift card number and PIN. The card number and PIN on the back of the card let the scammer get the money you loaded onto the card — even if you still have the card itself. Don’t give them those numbers or send them a photo of the card.

Schuyler County urges those who believe they are victims of a scam to contact the Schuyler County Sheriff’s Office at 607-535-8222 or in an emergency dial 911. Outside of Schuyler County, complaints can be filed with any local law enforcement agency or to the New York State Consumer Frauds Bureau by calling 1-800-771-7755.

Monday, September 2, 2024

Second Amendment Legal Update: September 2024

A monthly update, prepared for the Schuyler County Chapter of S.C.O.P.E. NY, a statewide 501(c)4 organization dedicated to preserving the 2nd Amendment rights for the residents of New York State. For a complete copy of this month’s report, click here.

Monday, July 8, 2024

Second Amendment Legal Update, July 2024

A monthly update, prepared for the Schuyler County Chapter of S.C.O.P.E. NY, a statewide 501(c)4 organization dedicated to preserving the 2nd Amendment rights for the residents of New York State. For a complete copy of this month’s report, click here.

Monday, April 22, 2024

New York Courts Launch Online Case Activity Dashboard

NEWS RELEASE:
The New York State Unified Court System has launched a new online feature: an interactive dashboard tool that allows the public ready access to caseload trends data for statepaid trial courts. The new Trial Court Caseload Trends Dashboard includes counts of filings, dispositions, pending cases, and trials commenced for all state-paid trial courts, including:

• Local Criminal Court
• Supreme Court-Criminal Term
• County Court-Criminal Term
• Local Civil Court
• Supreme Court-Civil Term
• County Court-Civil Term
• Family Court
• Surrogate's Court

This new online resource enables the user to search/filter by type of case and disposition, as well as by specific court location(s). Data from Year 2019 is included for most metrics, so that the user can examine caseload trends over time. The dashboard, which will be updated monthly, displays year-to-year as well as year-to-date comparisons of each metric by both court type and case type

.

To accesss the dashboard, click here.

Monday, January 8, 2024

Second Amendment Legal Update, January 2024

A monthly update, prepared for the Schuyler County Chapter of S.C.O.P.E. NY, a statewide 501(c)4 organization dedicated to preserving the 2nd Amendment rights for the residents of New York State. For a complete copy of this month’s report, click here.

Monday, February 20, 2023

Law Day 2023: “Cornerstones of Democracy: Civics, Civility and Collaboration”

On Monday, March 6, at 4:00-5:00 PM ET the American Bar Assocation will be hosting the 2023 Law Day Launch program.

The program will include an introduction to the Law Day theme “Cornerstones of Democracy: Civics, Civility, and Collaboration” and new Law Day resources and activities.

Click here to register for the launch program, and visit here for more Law Day information and resources.

Law Day is held on May 1st every year to celebrate the role of law in our society and to cultivate a deeper understanding of the legal profession. Learn more about the history of Law Day and past themes here.

Monday, February 6, 2023

Second Amendment Legal Update: February 2023

A monthly update, prepared for the Schuyler County Chapter of S.C.O.P.E. NY, a statewide 501(c)4 organization dedicated to preserving the 2nd Amendment rights for the residents of New York State. For a complete copy of this month's report, click here.

Monday, August 8, 2022

Second Amendment Legal Update, August 2022

A monthly update, prepared for the Schuyler County Chapter of S.C.O.P.E. NY, a statewide 501(c)4 organization dedicated to preserving the 2nd Amendment rights for the residents of New York State. For a complete PDF copy of this month's update click here.

Monday, July 25, 2022

Schuyler County to hold falls prevention seminar

The Schuyler County Office for the Aging will be holding its 2022 Falls Prevention Seminar on Tuesday, September 20.

The event features 15-minute presentations to help you identify and reduce potential fall risks. It also showcases local businesses and organizations providing balance and blood pressure screenings, health and wellness class demonstrations and more. Lunch is also being provided.

The seminar will be held from 10 am - 2 pm at the county’s Human Services Complex, 323 Owego Street in Montour Falls.

Please RSVP by September 15 by calling 607-535-6834 or by email.

For more information, click here.

Monday, November 25, 2019

Holiday Shopping Season: Beware these "Black Friday" and "Cyber Monday" scams.

With Thanksgiving only a few days away, the public should look out for the oncoming influx of scams tied to holiday shopping.

Business Insider asked experts for the warning signs that shoppers should be aware of when it comes to Black Friday deals. They include:
• Don't fall for early temptations — the deals could be better on the actual day of Black Friday. Don't fall for early temptations; the deals could be better on the actual day of Black Friday.
• Watch out for deceptive store hours.
• Be careful with handing out sensitive information when you're calling stores to put items on hold.
• Examine all delivery-related emails and texts closely — some of them may not be legitimate.
• Beware of fake offers from non-trusted and third-party sites.
• Don't fall for unusually high discounts or sales.
• Watch out for stores suspending their price-matching policies, or else you could end up stuck with a bad purchase.
• Read the fine print on coupons and promotions — your favorite products might be excluded.
• Be wary of freebies. • Beware of door-buster deals.
• You'd be wise to ignore deals on certain products that will get even cheaper at other times of the year — even as early as December.
Meanwhile, the Detroit Free Press offers other tips to stay safe on Black Friday and Cyber Monday:
• Beware of pitches for hot toys you can't find.
• React fast if your password doesn't work.
• Take the extra steps for ID verification.
• Examine that gift card before you buy it.
• Don't fall for text from the bank — it's a scam.
• Be aware of e-skimming.
• Be wary of attachments in any email that you receive.
• Use a credit card, instead of a debit card online, for more consumer protection.



Monday, June 3, 2019

New York enacts Domestic Violence Survivors Justice Act

New York State has passed legislation to expand the situations in which judges can consider domestic violence survivors’ abuse when determining appropriate sentences for victims.

The Domestic Violence Survivors Justice Act (DVSJA) will, according to one report, allow judges to impose an alternative sentence if he or she finds that:

1) the defendant, at the time of the offence, was a domestic violence victim subjected to substantial physical, sexual, or psychological abuse inflicted by a member of the same family or household;
2) the abuse was a significant contributing factor to the criminal behavior; and
3) a sentence under the general sentencing provisions would be ‘unduly harsh.’”

The provisions dealing with resentencing become effective August 12, 2019. For sentences imposed going forward, the law became effective immediately.

The complete text of the law can be found here.

Monday, May 13, 2019

New York Court of Appeals rules Ohio gun seller not subject to injury lawsuit in New York

A gun dealer from Ohio who sold a firearm that was later trafficked into New York and used illegally in a shooting cannot be sued in state court by the victim of that crime, the New York State Court of Appeals ruled May 9.

The court held that Charles Brown, an Ohio gun dealer, couldn’t face the litigation in New York court because he sold the gun in Ohio and had no control over where it would end up after the sale, even if the buyer alluded that he may bring it to New York.

“Despite (the buyer’s) stated aspiration to open a gun shop in Buffalo, the record is devoid of evidence supporting plaintiffs’ theory that, merely by selling handguns to (the buyer) Brown intended to serve the New York market,” the court ruled.

Brown, in this case, was not part of a scheme to traffic guns into New York, the court held. The judges said there was no way for him to know what would happen to the firearms after they were sold so he did not purposefully enter into the New York market at the time.

The buyer later pleaded guilty to federal gun trafficking charges.

Brown's attorney said that "the case's main significance was that this was the lawful sale of a lawful product."

The complete decision can be found here.

Monday, April 15, 2019

Judgment of Foreclosure with Notice of Entry: Schuyler County Real Property Tax Foreclosure Index No. 17-201

PLEASE TAKE NOTICE that annexed hereto is a true and correct conformed copy of the Judgment of Foreclosure dated March 29, 2019 that was entered in the office of the Clerk of the County of Schuyler on March 29, 2019, in The Matter Of Foreclosure Of Tax Liens By Proceeding In Rem Pursuant To Article Eleven Of The Real Property Tax Law by the County of Schuyler.

Monday, February 18, 2019

Not-for-profits, others, criticize bill that would ban gun raffles in New York

Bill would ban gun raffles in New York
Gun raffles are major revenue sources for some nonprofit organizations and volunteer fire departments, but a bill introduced in the state Legislature could prohibit the events.

Assemblywoman Jo Anne Simon, a Brooklyn Democrat, introduced the measure that would ban gun raffles. Twenty-nine of Simon’s Assembly colleagues, all Democrats and nearly all of whom represent downstate districts, cosponsored the legislation.

Under New York state law, it is legal to hold gun raffles and to award firearms in a game of chance. Simon’s bill would end the practice....Many organizations, especially in upstate, hold gun raffles to generate revenue....

Kevin Foster, a captain with the Aurelius Volunteer Fire Department, explained that gun raffles and other fundraisers are necessary because of the property tax cap. The cap limits property tax levy growth to 2 percent or the rate of inflation, whichever is less....

Other organizations have generated revenues from gun raffles. The Magee Fire Department in Seneca County collects roughly $15,000 from its annual gun raffle, according to Chief Craig Reynolds. Waterloo Rifle & Pistol Club raises $10,000 to $12,000 each year from its gun raffle.

Claiming a prize from a gun raffle.... isn't different than buying a firearm at a retailer.

A winner at a gun raffle must submit to a federal background check before being permitted to collect the firearm. Under New York law, you must be age 18 or older to purchase a long gun and at least 21 years old to buy a handgun.

(A)nyone with a criminal record wouldn't be allowed to receive a firearm won at a raffle.

Monday, November 12, 2018

Schuyler County Budget Public Hearing: Tuesday November 13

There will be a Public Hearing held in regard to the 2019 County Budget in Room 120 of the Human Services Complex, 323 Owego Street, Montour Falls, NY, 14865 on Tuesday, November 13, 2018 at 6:30 p.m., to be followed by a Regular Meeting of the Legislature.

The tentative budget is available online.

For more information, click here.

Monday, September 10, 2018

Schuyler County joins class action lawsuit against U.S. Department of Interior


Watkins Glen, NY—Schuyler County has successfully opted into a class action lawsuit against the federal government to recover payments in lieu of property taxes on federal lands within the county.

According to Schuyler County Attorney Steven Getman, the county was notified Friday (August 31) that its claim had been accepted in the Kane County, Utah v. United States class action lawsuit to recover federal Payment in Lieu of Taxes (PILT) underpayments for fiscal years 2015 through 2017.

The County Legislature voted August 13 to authorize Getman to file papers joining the lawsuit.

The United States Court of Claims has held that underpayments by the Department of Interior on federal PILT programs in Kane County and other local governments may have occurred during 2015 to 2017, Getman explained.   The PILT Act is intended to compensate local governments for tax revenues lost from federal lands in their jurisdictions, and the costs of providing services to those lands, Getman said.

That could include the part of the Finger Lakes National Forest in the Town of Hector, Getman said.

“If court determines the county was underpaid under PILT agreements for lands in the National Forest, the county can recover additional money” Getman said.   “There is no cost to participate in the lawsuit and no disadvantage to the county to do so.”

According to County Administrator Tim O’Hearn, “any money collected would go to the county as direct revenue to offset the cost of services to the forest and lost tax revenue, in order to reduce the local tax burden.”

“Given the fiscal stresses placed on local governments by state and federal mandates, county officials have a duty to make sure that any funds due Schuyler County taxpayers come back to Schuyler County to pay for necessary services,” Getman noted.

County Treasurer Harriett Vickio has reported that the County received payments for the affected years as follows:  2015, $16,526.00; 2016, $17,244.00; 2017, $17,091.00.   

Any additional amounts for those years obtained from the lawsuit would be calculated by the court, Getman said.

Monday, August 13, 2018

Ovid Town Board passes resolution supporting Seneca County development of a nine-element watershed plan for Seneca And Cayuga Lakes

The Town Board of the Town of Ovid passed a resolution on Wednesday (August 8) calling on Seneca County government to develop a Nine-Element Plan to pinpoint sources of pollution and steps to preserve the water quality of Seneca and Cayuga lakes.

The resolution, authored by Town Attorney Steven Getman, calls on Seneca County Government to work with representatives of the Seneca Lake Pure Waters Association, the Finger Lakes Institute, the Cayuga Lake Association, the Cayuga Watershed Improvement Cooperative and other stakeholders in preparing an application for funding a Nine-Element Plan, and ultimately in preparing and implementing the plan.

“Consistent countywide efforts to protect the watersheds of the lakes are preferable to town-by-town measures which may be inconsistent and ineffective due to the geography of the county and the watersheds,” Getman explained.

“Experience over the past decade has shown that effective watershed management includes active participation from stakeholders, analysis and quantification of the specific causes and sources of water quality problems, identification of measurable water quality goals, and implementation of specific actions needed to solve those problems.”

The resolution passed unanimously among the board members present. Voting for the measure were Supervisor Walt Prouty and board members Eric Holmberg and Joe Borst. Board members Mark Beardsley and Carrie Wheeler-Carmenatty were absent.

Following the vote, the board asked Town Clerk Michele Vangalio to forward a copy to the Seneca County Board of Supervisors.

A Nine-Element Watershed Management Plan is a clean water plan that details a community’s water quality concerns and a strategy to address these concerns. The plans are developed by people who live and work within the watershed with support from local and state agencies. The elements are intended to ensure that the contributing causes and sources of nonpoint source pollution are identified, that key stakeholders are involved in the planning process, and that restoration and protection strategies are identified that will address the water quality concerns.

The plans are consistent with the Environmental Protection Agency and Department of Environmental Conservation framework for developing watershed plans, and funding is available from the Department of State for 75% of the plan’s cost.

The Seneca County Board of Supervisors previously considered a motion considering a nine-element plan for Seneca and Keuka Lakes. The Ovid resolution asks that Cayuga be included in any such efforts as well.

In July, reports surfaced that Cayuga Lake is being monitored for Harmful Algal Blooms (HAB's), a visually identifiable bacterium which is blue or green in color and slightly resembles wet paint. People are advised to steer clear of the toxic bacteria, which is especially harmful to elderly people, those with weaker immune systems, dogs, and other pets.

The Town of Ovid, located in the geographic center of Seneca County, is bordered on the west by Seneca Lake and on the east side by Cayuga Lake.

TOWN OF OVID: RESOLUTION SUPPORTING SENECA COUNTY GOVERNMENT PARTICIPATION IN THE DEVELOPMENT OF A NINE ELE... by Steven Getman on Scribd

Friday, May 11, 2018

Schuyler County files lawsuit against the manufacturers and distributors of opioid pain killers.

Schuyler County officials are formally taking “big pharma” to court.

On Friday (May 11, 2018), Schuyler County Attorney Steven Getman filed a nearly 250-page Summons and Complaint against manufacturers and distributers of prescription opiates for damages to the County arising out of the fraudulent and negligent marketing and distribution of opiates in and to the County.

“Over the past few years, despite its small population, Schuyler County has seen an uptick in opioid and heroin use and overdose,” Getman said. “To date, County officials have expended significant resources to help its residents battle opioid addiction and prevent further deaths. The lawsuit will seek to reimburse the County for its expenses related to the opioid crisis as well as provide the County with financial assistance to continue this battle.”

The Summons names approximately thirty defendants, including some of the biggest names in the pharmaceutical industry, such as: Purdue Pharma L.P.; Teva Pharmaceuticals USA, Inc.; Cephalon, Inc.; Johnson & Johnson; Janssen Pharmaceuticals, Inc.; Endo Pharmaceuticals, Inc.; Actavis Pharma, Inc. and Insys Therapeutics, Inc.

The Complaint alleges the defendants knew--and had known for years–that opioids were addictive and subject to abuse, particularly when used long-term for chronic non-cancer pain, and should not be used except as a last-resort. However, the Complaint alleges, the defendants spent hundreds of millions of dollars disseminating scientific materials and advertising that misrepresented the risks of opioids’ long-term use.

“The United States is now awash in opioids,” the Complaint says.

Summons and Complaint: The County of Schuyler v Purdue Pharma L.P. by Steven Getman on Scribd

Schuyler County is the latest New York State county to file a lawsuit against the manufacturers and distributors of opioid pain killers. At least 14 counties across New York are suing pharmaceutical companies for what they're claiming are deceptive marketing practices. In addition, in February, New York State officials filed a lawsuit against Insys Therapeutics, Inc., alleging that Insys deceptively promoted prescription opiate Subsys for unsafe uses and violated state law by downplaying drug’s addictive risks.